Challenging a Speeding Fine

Speeding tickets can result in a variety of fines and penalty points depending on the offender’s driving history. But there are ways to legally challenge a speeding fine under certain circumstances.

Speeding Offence Points and Penalties

A first offender can receive a £100 fine and three to six Penalty Points. But fines can be larger than this depending on the circumstances, and fines can even hit one and half times your salary if you are caught travelling over 51 mph in a 30mph area with a maximum £1000. Guilty offenders who are offered a fixed penalty will usually have their licence endorsed with a minimum number of penalty points and a £100 fine. Court appearances can be a risky option and may bring increased penalty points and fines, and can even mean disqualification under certain circumstances. Speeding offences with penalty points will also mean that Insurance Premiums are likely to increase.

Speeding Offences Statistics

According to a recent Home Office report there are around 2.3 million motoring offence court appearances per year in the UK. Around 191,000 people are Disqualified for Motoring Offences per year and 33,200 motorists are disqualified using the penalty points system. It has also been reported that £600 million in speeding tickets have been incorrectly applied to motorists in the UK. Only 1% of motorists actually challenge their speeding tickets. The £2,500 cost to hire a solicitor to challenge a speeding fine may be one of the reasons why people do not usually challenge the tickets.

Challenging a Speeding Fine

Successfully challenging a speeding ticket can actually occur under certain circumstances. The first point will be to check that all details on the Notice of Intended Prosecution (NIP) are correct. The NIP should include the vehicle’s details, and details such as the time, date and location of the speeding offence. An NIP also comes with a 14 day time limit; this means the alleged offender has received the NIP within 14 days of the offence occurring plus postage time. Be aware that small errors such as typography errors on the NIP will not be grounds for challenging a speeding fine.

Speed Cameras and Speeding Fines

If a Speed Camera was the method used to capture the speeding offence then it may be a good idea to return to the scene. Check that speed limit signs are evident and are placed on both sides of the road. Also check that the speed limits signs are highly visibly and not obscured by obstructions such as trees or bushes. If this is the case then evidence should be taken such as photographic records of the obstructions.

Request Proof of the Speeding Offence

Motorists who are certain they were not speeding can request copies of the photographs taken by the speed cameras. Motorists can also request any other evidence that will be used by the prosecution. Where speed cameras are concerned there is usually no requirement of any back-up evidence to exist. If a mechanical device was used to assess the speeding offence, such as a radar gun or police car’s speedometer, then a record of evidence plus a signed certificate by an authority must exist.

Defences Used to Challenge a Speeding Ticket

There are some defences that can be used to challenge a speeding ticket. These can include:

Incorrect details on the NIP

That the alleged offender was not driving the car at the time of the offence

That the alleged offender was in an exempted vehicle attending an emergency

That the vehicle was a company van and the alleged offender was not driving, proof will usually be needed

That a family member was driving at the time

Incorrect or absent road signs

Mitigating Circumstances and Speeding Offences

An offender who is pleading guilty may find it worthwhile to use mitigating circumstances to reduce the sentence level. Mitigating circumstances can include specific reasons for speeding including medical emergencies. Pleading that hardship will apply if disqualification is intended might also mean the sentence is reduced. Hardship can include the likely loss of a job if disqualified. Hardship can also mean that family members such as sick family members will be adversely affected with regards to family transportation means.

Challenging a speeding fine is a risky option and is the reason why so few motorists do use this route. Anyone who is considering challenging a speeding ticket should seek legal advice from a professional. A solicitor or lawyer will be able to assess the case and evidence, and the likelihood of actually successfully challenging the alleged offence.

I’ve just been sent the NIP for doing 36mph in a 30. However, I was driving my daughter to hospital as she was heaving an asthma attack. On hindsite I should have called an amblence, but at the time, just wanted to get her there as quick as possible. She ended up staying in for 3 nights. Anyway, needless to say, I didn’t see the speed camera. The hospital and doctors can obvosuly vouch that it was an emergency on the night. Do you think under the circumstances I would be able to contest the fine/points? However, I’m worried that this will end up costing me more in court bills, plus as I’m self employed can’t resllt afford to take days off work going to court. Can you advise where I stand on this please? Many thanks.

Our Response:

You should really speak to a legal professional for an absolute answer to this. Generally it IS expected that you call an ambulance if there is an emergency. Emergency vehicle drivers are trained to get through traffic swiftly in an emergency and other drivers know to look out for them when sirens/blue lights are in use.

NoPenaltyPoints - 19-Mar-18 @ 3:45 PM

I’ve just been sent the NIP for doing 36mph in a 30. However, I was driving my daughter to hospital as she was heaving an asthma attack. On hindsite I should have called an amblence, but at the time, just wanted to get her there as quick as possible. She ended up staying in for 3 nights. Anyway, needless to say, I didn’t see the speed camera. The hospital and doctors can obvosuly vouch that it was an emergency on the night. Do you think under the circumstances I would be able to contest the fine/points? However, I’m worried that this will end up costing me more in court bills, plus as I’m self employed can’t resllt afford to take days off work going to court. Can you advise where I stand on this please? Many thanks.

Rob18 - 17-Mar-18 @ 11:45 AM

Hi i was caught by a mobile speed van today doing 40 in a 30mph. Soon as i was caught i pulled up in front of the police van and asked the operator of the police vehicle if he was a legitimate policeman and badge he said no. So he was parked in a police zone in a police van with a police uniform on .. I videotaped all , so i will contest my speed fine , with a civilian driving a police vehicle ...

Mogsy75 - 17-Mar-18 @ 9:03 AM

Hi
Do Mobile speed traps need speed camera warning signs near by or can they positioned anywhere?

Ben - 14-Mar-18 @ 3:30 PM

Curley - Your Question:

Caught doing 39mph in a 30mph zone. Fair enough and I accept I was speeding. However, the offence took place on 21st Oct 2017 and the Notice Of Intended Prosecution was only issued 31st Jan 2018.The law clearly states that the NIP must be issued by police within 14 days of the offence. My address was all up to date as well on my license so no reason for the police to have posted it to my old address (changed address with DVLA in Feb 2017, offence took place in Oct 2017)I am sure I can contest without legal help. Can someone verify this?

Our Response:

Driving licence and registered keeper information may not be linked DVLA. Did you complete the change of address information on your vehicle V5 document? You must update your vehicle log book (V5C) if you change your address and can be fined up to £1,000 if you don’t tell DVLA. Any other information like vehicle tax reminders will be sent to the wrong address if you haven't updated the V5. This does look as though the original NIP was sent to your old address. It might be worth asking this question before deciding to challenge it.

NoPenaltyPoints - 14-Mar-18 @ 12:06 PM

Curley, first NIP is sent to address of registered keeper of the vehicle, so the address on your licence is not relevant.Was that address up to date?

JT - 13-Mar-18 @ 10:04 AM

Caught doing 39mph in a 30mph zone. Fair enough and I accept I was speeding. However, the offence took place on 21st Oct 2017 and the Notice Of Intended Prosecution was only issued 31st Jan 2018.
The law clearly states that the NIP must be issued by police within 14 days of the offence. My address was all up to date as well on my license so no reason for the police to have posted it to my old address (changed address with DVLA in Feb 2017, offence took place in Oct 2017)
I am sure I can contest without legal help. Can someone verify this?

Curley - 12-Mar-18 @ 9:13 PM

MisterQ - Your Question:

Hello, was hoping for some advice:I was "caught speeding" in a 40mph zone, "clocked" at 57mph. Road is coming off a dual carriage way.Have a photo that indicates me as the driver.Here is the thing though - the road USED to be 50mph, and there is still an old light up "trigger" sign that clearly indicates 50mph that is located before where the trap was set. (i.e. you drive past THIS sign, round the corner, then the police van speed trap was set)I feel that given the road used to be 50mph, as I recall it, and that this old sign is still up clearly displaying the old limit is confusing - and therefore the ticket is unfair.It is maybe worth noting a couple of questions - 1. that the sign didn't "trigger" the limit would rationally indicate a driver wasn't speeding.2. If the new limit is now 40mph, why do they NOT have this sign changed?3. further more - why not have it changed, and actively flashing speeding drivers? the purpose of the sign?I have a photo of the sign, and it clearly reads 50, and shows no other clear or obvious signs indicating 40mph past it.What might you advise going forward? Is it worth fighting this?Thanks,Mark

Our Response:

What kind of light up sign is it? If it's the kind that simply detects and tells you your speed it's unlikely. If it's the kind that flashes to remind you of the speed limit in place and there are no other "official" 40mph signs nearby then you may have had a reasonable argument had you been within the 50mph limit. You were however, doing 57mph, which doesn't make your already weak case sound too plausible. Seek advice from a legal professional

NoPenaltyPoints - 12-Mar-18 @ 12:48 PM

DAVE- Your Question:

HI, I`VE RECEIVED A SPEEDING TICKET FOE DRIVING AT 37 IN A THIRTY ZONE. THE TICKET SAYS IT WAS A MANNED CAMERA BUT IT LOOKS LIKE IT WAS FROM A STAITC YELLOW BOX WHICH IS AT THE JUNCTION. CAN I APPEAL THIS? tHANKS

Our Response:

You can try, but it's unlikely an appeal will be successful (1) if it was simply a typographica error or (2) there was actually a manned camera in the vincity as well.

NoPenaltyPoints - 12-Mar-18 @ 12:33 PM

Hello, was hoping for some advice:
I was "caught speeding" in a 40mph zone, "clocked" at 57mph.
Road is coming off a dual carriage way.Have a photo that indicates me as the driver.
Here is the thing though - the road USED to be 50mph, and there is still an old light up "trigger" sign that clearly indicates 50mph that is located before where the trap was set. (i.e. you drive past THIS sign, round the corner, then the police van speed trap was set)
I feel that given the road used to be 50mph, as I recall it, and that this old sign is still up clearly displaying the old limit is confusing - and therefore the ticket is unfair.
It is maybe worth noting a couple of questions -
1. that the sign didn't "trigger" the limit would rationally indicate a driver wasn't speeding.
2. If the new limit is now 40mph, why do they NOT have this sign changed?
3. further more - why not have it changed, and actively flashing speeding drivers? the purpose of the sign?
I have a photo of the sign, and it clearly reads 50, and shows no other clear or obvious signs indicating 40mph past it.
What might you advise going forward? Is it worth fighting this?
Thanks,
Mark

MisterQ - 9-Mar-18 @ 5:15 PM

HI, I`VE RECEIVED A SPEEDING TICKET FOE DRIVING AT 37 IN A THIRTY ZONE. THE TICKET SAYS IT WAS A MANNED CAMERA BUT IT LOOKS LIKE IT WAS FROM A STAITC YELLOW BOX WHICH IS AT THE JUNCTION. CAN I APPEAL THIS? tHANKS

DAVE - 9-Mar-18 @ 12:54 PM

I was caught on camera driving at 24mph in a 20 zone at 1.30am.
I have been working in Korea since the time of the offence and so could not take up the offer of a SAC. I also will not be able to get my licence to them within 28 days and so cannot accept 3 points and £100 fine.
Looks like I will have to go to court.
Do I have any grounds to appeal?

Stewy - 7-Mar-18 @ 1:23 AM

Hi. I was travelling south on A1 from Edinburgh to Dunbar and overtook a Jag which was doing 55mph as we were both approaching a gatso. I had overtaken the Jag and was doing 68-70mph. We both went through the lines on road and the gatso flashed twiced. We were both under the 70mph speed limit. Is it possible a vehicle on the opposite side of the carrigeway had set the camera to flash twice? I have always known that camera to have a tolerance. Cars usually go through at 80mph.

Andy - 5-Mar-18 @ 4:19 PM

Mark - Your Question:

Hi,I've been issued with a speeding notice, I was driving however I believe the camera was located in a different place to where it was supposed to be. I believe it was located at the bottom of a hill whereas it should of been further down the road and it's likely that they put at the bottom of the hill instead of the allocated place to catch more people (can't see it until too late).Is this grounds for appeal as I was still speeding?

Our Response:

There is no requirement for officers to make themselves visibile other than for safety reasons. You can't use it as a defence against a speeding penalty.

NoPenaltyPoints - 5-Mar-18 @ 2:42 PM

Hi,I've been issued with a speeding notice, I was driving however I believe the camera was located in a different place to where it was supposed to be. I believe it was located at the bottom of a hill whereas it should of been further down the road and it's likely that they put at the bottom of the hill instead of the allocated place to catch more people (can't see it until too late).Is this grounds for appeal as I was still speeding?

Mark - 2-Mar-18 @ 6:20 PM

Hello, I've been issued a speeding ticket from manned equipment. The ticket names the road where the equipment was but this is incorrect information (not a typo) so they've said "manned equipment on High Street" when actually the equipment was in a layby on "Low Street".
It's clear on any map that this layby which is the only place it could park isn't the road named.
Any ideas?
Thanks in advance.

Ruthy - 1-Mar-18 @ 12:09 PM

Frank - Your Question:

Hi,I just got at NIP from the west Yorkshire police stating that I was doing 58 in a 50 max limit road.I was also provided with a link to check the photograph of evidence.The car does look like mine. But I'm sure I was in my office working at the time and date stated in the NIP. The car was parked in the company's park n ride facility from 7 am to 5 pm.the NiP states the incident happened at 12 pm.Also the location stated is about 250 miles from where I live and I have never been there with this car. Is it a possibility that they got the location, time and date wrong?!?I only bought the car 10 days before the date stated in the NIP. Im thinking It might also be the previous owner, but if this is the case, they have got the date wrong.Do you think I can challenge this?

Our Response:

Yes, return the NIP saying your are registered keeper but attach a note to say you were at work at the time, that the location of the offence was 250 miles from where you live/work and that you fear your vehicle may have been cloned or that it was the previous owner.

NoPenaltyPoints - 27-Feb-18 @ 12:02 PM

Hi,
I just got at NIP from the west Yorkshire police stating that I was doing 58 in a 50 max limit road.
I was also provided with a link to check the photograph of evidence.The car does look like mine. But I'm sure I was in my office working at the time and date stated in the NIP. The car was parked in the company's park n ride facility from 7 am to 5 pm.the NiP states the incident happened at 12 pm.
Also the location stated is about 250 miles from where I live and I have never been there with this car.
Is it a possibility that they got the location, time and date wrong?!?
I only bought the car 10 days before the date stated in the NIP. Im thinking It might also be the previous owner, but if this is the case, they have got the date wrong.
Do you think I can challenge this?

Frank - 24-Feb-18 @ 5:34 PM

Goc - Your Question:

Hi, just got a speading ticket for doing 49 mph on the a55 the speed limit is 70 mph, I was only doing 49 as we had been having ice conditions and knew snow ahead in chester. There were no roadwork signs, there were big signs flashing slow down gritters on roads. But no 40 mph signs and certainly not any lite up ones. Can I contest this?

Our Response:

If you are absolutely certain there were no signs indicating that you were in a 40mph zone you may be able to appeal. You might have to get professional legal advice on this.

NoPenaltyPoints - 20-Feb-18 @ 12:44 PM

Aron - Your Question:

Hello, I was driving on M1 coming from Milton kyens to London, The variable speed was 60mph for good few mins. I sat my cruise control to 62mph. I approach one of the speed warning which was still displaying 60mph as soon as I went the warning sign the speed must have changed from 60mph to 50mph. Now this happen within 0 seconds of me entering there. Now after 1 week I have received the penalty notice for the offence. Even on the penalty notice they have said that the speed had change 0 second ago. Can I challenge this or some had similar situation like this?? I think this is totally unfair as I was doing the speed limit idisplayed infront of me, how would I know they are going to change the limit as soon as I enter???

Our Response:

If it changes as you pass it and there were no advance signs it's seems reasonable to be able to contest this. However, we can't really advise on this kind of individual case, it might be better for you to speak with a legal professional.

NoPenaltyPoints - 19-Feb-18 @ 10:41 AM

Hello, I was driving on M1 coming from Milton kyens to London, The variable speed was 60mph for good few mins. I sat my cruise control to 62mph. I approach one of the speed warning which was still displaying 60mph as soon as I went the warning sign the speed must have changed from 60mph to 50mph. Now this happen within 0 seconds of me entering there. Now after 1 week I have received the penalty notice for the offence. Even on the penalty notice they have said that the speed had change 0 second ago. Can I challenge this or some had similar situation like this?? I think this is totally unfair as I was doing the speed limit idisplayed infront of me, how would I know they are going to change the limit as soon as I enter???

Aron - 18-Feb-18 @ 12:55 AM

Hi, just got a speading ticket for doing 49 mph on the a55 the speed limit is 70 mph, i was only doing 49 as we had been having ice conditions and knew snow ahead in chester. There were no roadwork signs, there were big signs flashing slow down gritters on roads. But no 40 mph signs and certainly not any lite up ones. Can i contest this?

Goc - 16-Feb-18 @ 12:18 AM

Swift - Your Question:

Hi, my partner got caught doing 35 in a 30. It was clearly signed and it was just thay brief moment after coming from a junction that he exceeded the limit. It was a pcso with a handheld speed thing, will he be fined?

Our Response:

We can't find any concrete information on the powers of PCSO's to issue FPNs or to pass on details to result in an NIP issue. Contact your local police authority to see what they say...and do let us know.

NoPenaltyPoints - 14-Feb-18 @ 12:05 PM

Hi, my partner got caught doing 35 in a 30. It was clearly signed and it was just thay brief moment after coming from a junction that he exceeded the limit. It was a pcso with a handheld speed thing, will he be fined?

Swift - 13-Feb-18 @ 10:29 AM

aron24 - Your Question:

Hey i got stopped by hand held speed gun on november and the offecir said it will take up to 6 weeks from me to hear from them. and I received a letter on february after 6 weeks and 3 days from the speeding took place. is there anyway to contest that. thanksAaron

Our Response:

No, the police actually have up to 6 months in which to initiate further action in a situation like this.

NoPenaltyPoints - 12-Feb-18 @ 11:20 AM

Hi, I was driving on the M25 around midday light traffic, side gantry indicated 50mph limit with obstacle in road. Traffic slowed down after 3 miles nothing seen and as the road was clear all around started to increase speed, passed 2 more gantry stating the same obstacle and 50mph still not passed anything, 10 miles had passed and no sign of obstacle. I took it that the information hadn't been updated much like you see FOG warnings on a sunny June day, all traffic had sped up and 50mph would have caused a nuisance. Was then flashed by side camera at 65mph and yet 2. Lies further on the clear signal was displayed. Are there any precedents for false information?

Steve001 - 10-Feb-18 @ 12:47 PM

hey
i got stopped by hand held speed gun on november and the offecir said it will take up to 6 weeks from me to hear from them. and i received a letter on february after 6 weeks and 3 days from the speeding took place.is there anyway to contest that. thanks
Aaron

aron24 - 9-Feb-18 @ 6:32 PM

lee - Your Question:

Hi just had letter to say caught doing 79 in a 70. this is with north Yorkshire police. is this something that can be contested? also offence was 11.01.18. todays date is 08.02.18. strange this is it is a company car but letter was sent straight to me.thanks

Our Response:

Hi - you can't contet doing 79 in a 70 as that is still exceeding the speed limit. While you assume the letter was sent straight to you, is likely that the original NIP was sent to the registered keeper (your company) and they completed the form. The police then send a fresh NIP directly to you the driver (there is no reference to having send another one to the registered keeper etc).

NoPenaltyPoints - 9-Feb-18 @ 11:58 AM

Taff - Your Question:

Two weeks ago joined m1 at junction 16, I put on cruise at 70, as I was flashed about 3miles from services at 71mph, I received the letter yesterday to say I was doing 71 in a 60 zone, there wasn't any signs saying it was 60mph. I've got a clean license & I'm a hgv driver, I drive this motorway almost everyday

Our Response:

If your vehicle is a goods vehicle of more than 7.5 tonnes laden weight or a goods vehicle of not more than 7.5 tonnes laden weight, articulated or towing a trailer, the speed limit on a motorway is 60mph. See here for more information.

NoPenaltyPoints - 9-Feb-18 @ 10:54 AM

Uncle ref - Your Question:

Ive received a penalty notice from work doing 57mph in 50 variable speed zone. I remember the flash and checked at the time the limit which was national limit 70mph. How can I prove that the variable was not set at 50mph

Our Response:

This is really difficult unless you're willing to appear in court - the police must provide evidence of the variable speed limit logs at that point if requested, although they might provide them before that if asked.